Common use of Xxscellaneous Clause in Contracts

Xxscellaneous. 12.1 A copy ox xxx Xxxxxxxxx xxx Declaration of Trust establishing the Met Investors Series Trust is on file with the Secretary of the State of Delaware, and notice is hereby given that this Agreement is executed on behalf of the Fund by officers of the Fund as officers and not individually and that the obligations of or arising out of this Agreement are not binding upon any of the trustees, officers or shareholders of the Fund individually but are binding only upon the assets and property belonging to the Portfolio. 12.2 Subject to the requirements of legal process and regulatory authority, each party hereto shall treat as confidential the names and addresses of the owners of the Contracts and all information reasonably identified as confidential in writing by any other party hereto and, except as permitted by this Agreement, shall not disclose, disseminate or utilize such names and addresses and other confidential information until such time as it may come into the public domain without the express written consent of the affected party. 12.3 The captions in this Agreement are included for convenience of reference only and in no way define or delineate any of the provisions hereof or otherwise affect their construction or effect. 12.4 This Agreement may be executed simultaneously in two or more counterparts, each of which taken together shall constitute one and the same instrument. 12.5 If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of the Agreement shall not be affected thereby. 12.6 Each party hereto shall cooperate with each other party and all appropriate governmental authorities (including without limitation the SEC, the NASD and state insurance regulators) and shall permit such authorities reasonable access to its books and records in connection with any investigation or inquiry relating to this Agreement or the transactions contemplated hereby. 12.7 The rights, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. 12.8 At the request of any party to this Agreement and no less than annually, each other party will make available to the requesting party's Board, independent auditors and/or representatives of the appropriate regulatory agencies, all records, reports, materials, data, and access to operating procedures that may be reasonably requested in connection with compliance and regulatory requirements related to this Agreement or any party's obligations under this Agreement.

Xxscellaneous. 12.1 A copy ox xxx Xxxxxxxxx xxx Declaration of Trust establishing the Met Investors Series Trust is on file with the Secretary of the State of Delaware, and notice is hereby given that this Agreement is executed on behalf of the Fund by officers of the Fund as officers and not individually and that the obligations of or arising out of this Agreement are not binding upon any of the trustees, officers or shareholders of the Fund individually but are binding only upon the assets and property belonging to the Portfolio. 12.2 11.1. Subject to the requirements of legal process and regulatory authority, each party hereto shall treat as confidential the names and addresses of the owners of the Contracts and all information reasonably identified as confidential in writing by any other party hereto and, except as permitted by this Agreement, shall not disclose, disseminate or utilize such names and addresses and other confidential information until such time as it may come into the public domain without the express written consent of the affected partyparty until such time as such information has come into the public domain. 12.3 11.2. The captions in this Agreement are included for convenience of reference only and in no way define or delineate any of the provisions hereof or otherwise affect their construction or effect. 12.4 11.3. This Agreement may be executed simultaneously in two or more counterparts, each of which taken together shall constitute one and the same instrument. 12.5 11.4. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of the Agreement shall not be affected thereby. 12.6 11.5. Each party hereto shall cooperate with each other party and all appropriate governmental authorities (including without limitation the SEC, the NASD NASD, and state insurance regulators) and shall permit such authorities reasonable access to its books and records in connection with any investigation or inquiry relating to this Agreement or the transactions contemplated hereby. Notwithstanding the generality of the foregoing, each party hereto further agrees to furnish the New York Insurance Commissioner with any information or reports in connection with services provided under this Agreement which such Commissioner may request in order to ascertain whether the variable contract operations of the Company are being conducted in a manner consistent with the New York variable annuity laws and regulations and any other applicable law or regulations. 12.7 11.6. The rights, remedies remedies, and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies remedies, and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. 12.8 At the request of any party to this Agreement and no less than annually, each other party will make available to the requesting party's Board, independent auditors and/or representatives of the appropriate regulatory agencies, all records, reports, materials, data, and access to operating procedures that may be reasonably requested in connection with compliance and regulatory requirements related to this 11.7. This Agreement or any of the rights and obligations hereunder may not be assigned by any party's obligations under this Agreement, except to an affiliate, without the prior written consent of all parties hereto.

Xxscellaneous. 12.1 A copy ox xxx Xxxxxxxxx xxx Declaration of Trust establishing the Met Investors Series Trust is on file with the Secretary of the State of Delaware, and notice is hereby given that this Agreement is executed on behalf of the Fund by officers of the Fund as officers and not individually and that the obligations of or arising out of this Agreement are not binding upon any of the trustees, officers or shareholders of the Fund individually but are binding only upon the assets and property belonging to the Portfolio. 12.2 13.1. Subject to the requirements requirement of legal process and regulatory authority, each party hereto shall treat as confidential the names and addresses of the owners of the Contracts Policies and all information reasonably identified as confidential in writing by any other party hereto and, except as permitted by this AgreementAgreement or as otherwise required by applicable law or regulation, shall not disclose, disseminate or utilize such names and addresses and other confidential information without the express written consent of the affected party until such time as it may come into the public domain without the express written consent of the affected partydomain. 12.3 13.2. The captions in this Agreement are included for convenience of reference only and in no way define or delineate any of the provisions hereof or otherwise affect their construction or effect. 12.4 13.3. This Agreement may be executed simultaneously in two one or more counterparts, each of which taken together shall constitute one and the same instrument. 12.5 13.4. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of the Agreement shall not be affected thereby. 12.6 13.5. The Schedule attached hereto, as modified from time to time, is incorporated herein by reference and is part of this Agreement. 13.6. Each party hereto shall cooperate with each other party and all in connection with inquiries by appropriate governmental authorities (including without limitation the SEC. the NASD, the NASD and state insurance regulators) and shall permit such authorities reasonable access to its books and records in connection with any investigation or inquiry relating to this Agreement or the transactions contemplated hereby. 12.7 13.7. The rights, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. 12.8 At the request of any party to this Agreement and no less than annually, each other party will make available to the requesting party's Board, independent auditors and/or representatives 13.8. A copy of the appropriate regulatory agenciesTrust's Declaration of Trust is on file with the Secretary of State of The Commonwealth of Massachusetts. The Company acknowledges that the obligations of or arising out of this instrument are not binding upon any of the Trust's trustees, all recordsofficers, reportsemployees, materialsagents or shareholders individually, databut are binding solely upon the assets and property of the Trust in accordance with its proportionate interest hereunder. The Company further acknowledges that the assets and liabilities of each Portfolio are separate and distinct and that the obligations of or arising out of this instrument are binding solely upon the assets or property of the Portfolio on whose behalf the Trust has executed this instrument. The Company also agrees that the obligations of each Portfolio hereunder shall be several and not joint, in accordance with its proportionate interest hereunder, and access the Company agrees not to operating procedures that may be reasonably requested in connection with compliance and regulatory requirements related to this Agreement or proceed against any party's Portfolio for the obligations under this Agreement.of another Portfolio. 62774

Xxscellaneous. 12.1 A copy ox xxx Xxxxxxxxx xxx Declaration of Trust establishing the Met Investors Series Trust is on file 12.1. All persoxx xxxxxxx with the Secretary Fund must look solely to the property of the State respective Designated Portfolios listed on Schedule A hereto as though each such Designated Portfolio had separately contracted with the Company and the Adviser for the enforcement of Delawareany claims against the Fund. The parties agree that neither the Board, and notice is hereby given that this Agreement is executed on behalf of the Fund by officers of the Fund as officers and not individually and that the obligations of or arising out of this Agreement are not binding upon any of the trusteesofficers, officers agents or shareholders of the Fund individually but are binding only upon assume any personal liability or responsibility for obligations entered into by or on behalf of the assets and property belonging to the PortfolioFund. 12.2 12.2. Subject to the requirements of legal process and regulatory authority, each party hereto shall treat as confidential the names and addresses of the owners of the Contracts and all information reasonably identified as confidential in writing by any other party hereto and, except as permitted by this Agreement, shall not disclose, disseminate or utilize such names and addresses and other confidential information until such time as it may come into the public domain without the express written consent of the affected partyparty until such time as such information has come into the public domain. 12.3 12.3. The captions in this Agreement are included for convenience of reference only and in no way define or delineate any of the provisions hereof or otherwise affect their construction or effect. 12.4 12.4. This Agreement may be executed simultaneously in two or more counterparts, each of which taken together shall constitute one and the same instrument. 12.5 12.5. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of the Agreement shall not be affected thereby. 12.6 12.6. Each party hereto shall cooperate with each other party and all appropriate governmental authorities (including without limitation the SEC, the NASD NASD, and state insurance regulators) and shall permit such authorities reasonable access to its books and records in connection with any investigation or inquiry relating to this Agreement or the transactions contemplated hereby. Notwithstanding the generality of the foregoing, each party hereto further agrees to furnish the [insert state] Insurance Commissioner with any information or reports in connection with services provided under this Agreement which such Commissioner may request in order to ascertain whether the variable insurance operations of the Company are being conducted in a manner consistent with the [insert state] insurance laws and regulations and any other applicable law or regulations. 12.7 12.7. The rights, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies remedies, and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. 12.8 At 12.8. This Agreement or any of the request of rights and obligations hereunder may not be assigned by any party to this Agreement and no less than annuallywithout the prior written consent of all parties hereto; provided, each other party will make available to however, that the requesting party's Board, independent auditors and/or representatives of the appropriate regulatory agencies, all records, reports, materials, data, and access to operating procedures that Adviser may be reasonably requested in connection with compliance and regulatory requirements related to assign this Agreement or any party's rights or obligations hereunder to any affiliate or company under common control with the Adviser, if such assignee is duly licensed and registered to perform services under this Agreement. The Company shall promptly notify the Fund and the Adviser of any change in control of the Company. 12.9. The Company shall furnish, or shall cause to be furnished, to the Fund or its designee copies of the following reports: (a) the Company's annual statement (prepared under statutory accounting principles) and annual report (prepared under generally accepted accounting principles) filed with any state or federal regulatory body or otherwise made available to the public, as soon as practicable and in any event within 90 days after the end of each fiscal year; and (b) any registration statement (without exhibits) and financial reports of the Company filed with the Securities and Exchange Commission or any state insurance regulatory, as soon as practicable after the filing thereof.